ICC in POSH Cases Cannot Hide Instigator of False Complaints: Bombay High Court

The Bombay High Court has ruled that Internal Complaints Committees (ICCs) cannot shield individuals who instigate false sexual harassment complaints by labeling them "unknown sources."

The Court held that once an ICC relies on a complainant’s retraction, it must include the name of any person identified as the instigator.

In this case, a clerk retracted her allegations, naming her principal as the person who coerced her into filing the complaint to defame a colleague. The Court modified the ICC’s report to specifically name the principal, noting that anonymizing him was a jurisdictional error.

While POSH Act penalties apply to complainants, the accused remains free to pursue separate legal action against the instigator.